Jay Stanley Senior Policy Analyst Speech, Privacy and Technology Program Editor, Free Future blog The Future of Our Privacy
I. THE CHALLENGE TO OUR PRIVACY
The challenge to our privacy: Technology revolution A burgeoning security establishment Profit Motives
The challenge to our privacy: Technology revolution A burgeoning security establishment Profit Motives
Change at light speed
“Disruptive technologies”
Smart grid
DNA
Video surveillance
Video Surveillance: a new era
Face recognition
Iris recognition
Behavioral analytics
License plate recognition
Location-tracking
The ultimate in location tracking:
Drones
Advanced imaging technologies
The Ultimate Example: Total Information Awareness
NYC/Microsoft “Domain Awareness System”
Meanwhile: Moore’s Law Charts: Zoomer Magazine, Computer Measurement Group
The Future of Moore’s Law Intel Core i Processor: $ on Newegg
The Future of Moore’s Law Today: $294.99
The Future of Moore’s Law Today: $ In 20 years: $0.03
The Future of Moore’s Law
Also following Moore’s Law 20 years: 1,000-32,000x today’s power
Faster, cheaper – and smarter
Hans Moravec: 2020s
In whose interest?
How will AI be used?
Are we ready for all this?
The challenge to our privacy: Technology revolution A burgeoning security establishment
The Security State NSA: 30,000 employees CIA: 20,000 employees Others: many more Overall IC: at least $57 billion Oversight? Not much. FBI: 33,000
Swinging the telescope inward
FISA Amendments Act of 2008 General Warrants. No specificity required. (All US- London traffic?) Little judicial oversight. FISA court only reviews the government’s “targeting” and “minimization.” No role overseeing actual use of surveillance power. No limits on use of data. Huge databases, stored forever, shared with anyone, re-used for any purpose. Domestic s included. Location uncertain? Go ahead! Immunity for lawbreakers. Don’t try this at home!
Cybersecurity
The challenge to our privacy: Technology revolution A burgeoning security establishment Profit Motives
Internet advertising
Data brokers & “big data”
An emerging surveillance- industrial complex Recruiting or pressing private companies into service Lobbying by companies for more surveillance Partnerships with data companies
Many options for accessing private data 1.Ask for data to be shared voluntarily 2.Simply buy information 3.Demand it using legal powers 4.“Bake in” surveillance 5.Create regularized systems for standing access to records of private activities
Are we ready for all this?
Jurisprudence off-track Reasonable expectation” standard Third-party doctrine
Arbitrary situation
Congress isn’t keeping up either: Just a few things have changed since ECPA drafted in 1986 … 1990: World Wide Web created 1994: Yahoo & Amazon founded 1998: Google founded 2004: Facebook launched
Lifecycle of an Unopened > 180 days < 180 daysWarrant Subpoena or 2703(d) with notice Opened Header info Basic subscriber info (name, address, connection records, etc) Subpoena or 2703(d) NO notice req’d
And was one of the specific technologies that existed in 1986! What about… Search Location-based services Cloud Computing
FISA Amendments Act
How this plays forward 1.Behavior changes
Human are social animals Constantly monitoring, finely aware of how we’re perceived by those around us
That means privacy gaps rarely last
Lag time in privacy awareness
Chilling Effects: The Facebook “blandification” effect
Chilling effects can also be spurred by many technologies Surveillance cameras Government eavesdropping Offline data collection
How this plays forward 1.Behavior changes
How this plays forward 1.Behavior changes 2.Law/practice changes
Where we just find invasions intolerable and change the world to end them ECPA reform Commercial privacy regulation Drone regulation
ACLU in the courts NSA spying
ACLU in the courts National Security Letters
ACLU in the courts Cell phone location data
ACLU in the courts Laptops at the border
How this plays forward 1.Behavior changes 2.Law/practice changes
How this plays forward 1.Behavior changes 2.Law/practice changes 3.Expectations change
Public-private boundary The home Campaign donations Real estate transactions Professional confidences Marriage Arrests Video rental records License Plates
Public-private boundary The home Campaign donations Real estate transactions Professional confidences Marriage Arrests Video rental records License Plates
Public-private boundary The home Campaign donations Real estate transactions Professional confidences Marriage Arrests Video rental records License Plates
How this plays forward 1.Behavior changes 2.Law/practice changes 3.Expectations change
How this plays forward 1.Behavior changes 2.Law/practice changes 3.Expectations change 4. Things just get worse
III. WHAT MUST BE DONE?
What Must Be Done? 1. Enact comprehensive privacy laws
What Must Be Done? 2. Enact technology-specific privacy laws
What Must Be Done? 3. Create institutions to enforce privacy laws
What Must Be Done? 4. Revive the 4 th Amendment
Jay Stanley Speech, Privacy and Technology Program Free Future blog: Contact info:
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